2001-VIL-48-SC-DT

Equivalent Citation: [2002] 256 ITR 660 (SC)

Supreme Court of India

Date: 04.05.2001

UNION OF INDIA AND ANOTHER

Vs

DR. AK GARG AND OTHERS

BENCH

Judge(s)  : S. RAJENDRA BABU. and K. G. BALAKRISHNAN.

JUDGMENT

In this matter which arises out of proceedings initiated under section XX-C of the Income-tax Act, 1961 (hereinafter referred to as "the Act"), seeking to acquire certain properties on the ground that the consideration disclosed in the sale documents fell short of the real market value of the property.

When that action was challenged before the High Court in writ proceedings it was found by the High Court that the sum of Rs. 23,13,994 tendered by the Central Government on September 6, 1993, was beyond the stipulated period under section 269UG, thus attracting the wrath of section 269UH of the Act resulting in abrogation of the purchase order. The said amount had to be tendered or if there is any dispute in this regard, the same should have been deposited with the appropriate authority on or before June 30, 1993. The case put forth by the Department is that the amount had been deposited with the appropriate authority but there is no material to show that the same was tendered or offered to the parties concerned. Learned counsel for the appellant adverted to the letter dated June 8/9, 1993, sent by the office of the Chief Commissioner of Income-tax-II C.R. Building New Delhi (F.No. CCIT.II/AA/R-2470/1993-94/604). The portion relied upon in that letter in regard to the amount to be tendered or deposited in terms of section 269UG of the Act is as follows:

"The Chief Commissioner of Income-tax, New Delhi, has been authorised by the Central Government to tender the amount equal to the amount of apparent consideration under sections 269UF and 269UG of the Act."

All that is sought to be done by this letter is that the Chief Commissioner is authorised by the Central Government to tender the amount to the party. There is no material forthcoming to show that such offer was made before June 30, 1993. Therefore, in the circumstances, we find full justification with the view taken by the High Court. The appeal is dismissed with cost to be paid to the respondent which is quantified at Rs. 25,000.

 

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